Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iraq (Ratification: 2001)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the Anti-Trafficking Act No. 28 of 2012 provides for stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, expressed concern that the internal displacement and sectarian violence have led to a significant increase in trafficking, with many children being trafficked, in particular for sexual exploitation and domestic servitude, but also for forced labour or services, slavery or similar practices and servitude, both within and outside the country (CRC/C/IRQ/CO/2-4, paragraph 84). The Committee requested the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law.

The Committee notes the Government’s indication in its report that there is no statistical information on the number of trafficked children, as no such case has been registered so far. The Committee notes that in the 2016 Global Report on Trafficking in Persons, the UN Office on Drugs and Crimes (UNODC) has highlighted the practice of trafficking in persons and enslavement of women and children of the Yezidi ethno-religious group by the Islamic State in Iraq and Levant (ISIS) (page 65). While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation and to report on them. The Committee also requests the Government to provide information on the measures taken to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 5. Monitoring mechanisms. 1. Trafficking. In its previous comments, the Committee noted that according to the UNODC an inter-ministerial committee to combat trafficking of children had been established to coordinate anti-trafficking activities in the country.

The Committee notes the Government’s indication that no cases of trafficked children have been detected in recent years by the labour inspection. The Committee requests the Government to indicate whether the inter-ministerial committee to combat the trafficking of children has become operational and if so, to provide information on the activities carried out by it and the results achieved.

2. Labour inspectorate. The Committee previously noted the Government’s statement that the Ministry of the Interior and the Ministry of Labour and Social Affairs carried out monitoring through inspection campaigns involving the Confederation of Trade Unions and the Iraqi Industries Federation. It also noted that in order to eliminate child labour and its worst forms in the informal economy, a committee was set up involving the concerned ministries and supervised by the Childhood Welfare Authority.

The Committee notes that in its report under the Minimum Age Convention, 1973 (No. 138), the Government has referred to the conduct of a multi-media awareness campaign in collaboration with UNICEF, including the publication of advertisement notices in Bagdad and other governorates and the distribution of informative leaflets on the worst forms of child labour. The Committee requests the Government to provide information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work. The Committee also requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted that according to section 11 of the Anti-Trafficking Law of 2012, specialized institutions to protect child victims of trafficking, including provisions for proper accommodation and medical, legal and financial assistance should be established. In this regard, the Committee noted that according to the CRC the state-run shelter for victims of trafficking reportedly remained vacant, despite the presence of trafficking victims in the country. The CRC also expressed its concern that the support units operated by the Ministry of Health have not undertaken any efforts to identify and assist victims of trafficking since its establishment in 2013.

The Committee notes the Government’s indication that a state-run shelter named “Bayt Al Aman” was established in Bagdad to provide support to trafficked victims, including children. The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, orphans and street children. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour and Social Affairs, in collaboration with other concerned ministries, had established committees to identify street children and to sensitize them to the risks of working on the streets. The Committee noted that the CRC expressed concern about the large number of children, including many internally displaced children, living and/or working in the streets, where they are exposed to various forms of crime. According to the CRC, children had been recruited by non-state armed groups and the internally displaced, and their families, were under constant threat in crowded settlements; and most of the refugee and internally displaced children lacked access to education while child labour was on the increase.

The Committee notes the absence of information on this point in the Government’s report. Noting with concern that internally displaced children and orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee urges once again the Government to take effective and time-bound measures to protect these children from these worst forms. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Application of the Convention in practice. The Committee previously noted the Government’s information that a survey on the worst forms of child labour was being carried out by the Child Labour Unit of the Ministry of Labour and Social Affairs, in coordination with UNICEF and UNESCO.

The Committee notes the absence of information on this point in the Government’s report. The Committee requests the Government to indicate the progress made on the worst forms of child labour survey and to provide information on the findings with regard to the worst forms of child labour and hazardous working conditions in the country.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]